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    COMPETITIVE ENTERPRISE INSTITUTE VOLUME 26, NUMBER 4 JULY/AUGUST 2013

    FEATURED ARTICLES

    ALSO INSIDE:

    Spreading the Narrative of FreedombyLawson Bader. . . . . . . . . . . . . . . . . . .

    Ethics and Liberty: Engines of EconomicGrowthby Deirdre N. McCloskey. . . . .

    The Good, the Bad, and the Ugly . . . .

    Media Mentions . . . . . . . . . . . . . . . . .

    End Notes . . . . . . . . . . . . . . . . . . . . . .

    YEATMAN & WYNN:EPA GROWTHKNOWS NO LIMITS

    >>page 6>>page 5

    BY SEN. RAND PAUL

    It is kind of hard being in the

    opposition party because you have

    got to be agile. You have got to shift

    from one scandal to the other. It is

    sort of like the Old MacDonald Farm

    of Scandals: here a scandal, there a

    scandal, everywhere a scandal. And

    I am starting to think that the Obama

    administrations public relations ploy

    is to displace one scandal with the

    other.

    But really, if you say, What

    is the nexus, what intertwines all

    of these scandals? It is really agovernment that is drunk on power.

    It is a government that has allowed

    so much power to gravitate to the

    presidency, and as an extension, to the

    bureaucracy.

    When I ran for ofce, I thought I

    will get to be a senator and I will have

    an important role in deciding the laws

    of the nation. But it turns out the laws

    are not written by your legislature.

    The laws are written by the regulatory

    bureaucracy.

    Obamacare was bad enough at

    2,000 pages, but the regulations are

    20,000pages. Dodd-Frank is anothecouple thousand pages, but the

    regulations have not been nished an

    they will be over ve, six, maybe eig

    thousand pages. The problem is we

    have let government get away from

    I know there have been some

    complaints about Obamacare, but yo

    government just wants to take care o

    you. They think you are too stupid t

    take care of yourself.

    Really what we have here, if you

    are concerned about regulations, is t

    same problem we have with foreignpolicy or war or anything else: Too

    much power has gravitated away fro

    you, away from your representatives

    and to the president.

    The one thing I did not understan

    when I came here, though, was

    I thought laws had to change to

    make a difference. The one thing

    that is absolutely true is that we

    did not change a lot of laws on the

    environment. We did not change a lo

    (continued on page

    Broadening the Message ofFreedom Is the Path to Victory

    BERLAU & TASSINARI: INPRAISE OF BANKING ATBIG BOX STORES

    MELCHIORRE: BEWARETHE MYTH OF EUROPEAN

    AUSTERITY

    >>page 4

    Senator Rand Paul (R-Ky.) delivers the keynoteaddress at the 2013 CEI Annual Dinner

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    CEI THECOMPETITIVEENTERPRISEINSTITUTE

    CEIPLAN

    PublisheLawson Ba

    Founder

    Fred L. Smit

    EditorMarc Scrib

    Editorial DireIvan Oso

    Contributing Nicole Cian

    The CEI Plais producedthe Compet

    Enterprise Insa pro-market

    interest grodedicated toenterprise a

    limited govern

    CEI is a nopartisan, n

    profit organizincorporated District of Coland is classifithe IRS as a 5

    (3) charity. CEupon contribufrom foundacorporationsindividuals fsupport. Artmay be reprprovided theattributed to

    Phone:(202) 331-1

    Fax:(202) 331-0

    E-mail:[email protected]

    ISSN#: 1086-3

    >>MESSAGE FROM THE PRESIDENT

    Spreading the Narrativeof FreedomBy Lawson Bader

    Last year CEI began to search for a successor toFred Smith. Last fall I was fortunate enough to beselected, and I am honored to be working closely with

    him to ensure the success of this changeover.

    After six months on the job, I am happy to report

    nothing! This presidential transition has been devoid of

    guns, knives, killer drones, or the wiretapping of Fredsphone.

    And while Fred is convinced that Ive secretly

    installed a trap door underneath his desk, the truth is

    he deserves a great deal of credit for doing what too

    many D.C. leaders fail to do: voluntarily hand over to a

    successor.

    Although, as Fred has

    said before: It was only

    after reading King Lear that

    I realized that I needed to do

    this transition right!

    But I would not be here

    if I thought CEI was ill-prepared or unwilling to

    engage in this important ght.

    CEI truly is more

    than just a think tank. We

    combine rigorous policy work

    with persistent advocacy. We dont just think but also

    project our ndings and principles deep into the policy

    arena and out into the wider world.

    We are bright and creative individuals who love

    analyzing and writing. Okay, so were wonks. But

    weregoodwonks. Better yet, good activistwonks.

    We relish engaging and harassing and shaming and

    suing. We build coalitions, le FOIA requests, and

    without any thought to our personal safety or image,

    we broadcast our message far and near. We are a blend

    of the Ivory Tower and the Island of Mist Toys.

    CEI is sorely needed today. These are frustrating

    times for those of us who believe in free enterprise.

    In the midst of one of the worst economic crises

    in modern history, President Obama and his allies

    continue to argue that Washington, D.C. is a better

    steward of Americans life and liberty than are

    Americans themselves. And, unfortunately, that

    argument has prevailed.

    Our job now is to channel dismay over these

    abuses into red-hot anger at the real monster along the

    Potomac: namely the overgrown and ever-expanding

    federal administrative state. In our recent publication,

    10,000 Commandments, we estimate its total cost atover $1.8 trillion, much of it borne by families and

    small businesses.

    We know what to expect for the next three years.

    In the 1980s, Ronald Reagan said Its morning in

    America. Under President Obama, its midnight

    or rather, its a perpetual

    midnight regulationas he has

    signaled in his willingness to

    bypass a gridlocked Congress

    and use the regulatory

    process to cement his vision

    of a pervasive nanny state.

    Each of us needs tochallenge this. Whether

    an individual contributor,

    business supporter, or think

    tank ally, each of us must

    intervene or this trend will

    continue and we will nd ourselves so far down the

    path of paternalism and restricted liberty that any

    glance back will only be an act of nostalgia.

    Thomas Jefferson said that, If we can prevent the

    government from wasting the labors of the people,

    under the pretense of taking care of them, they must

    become happy.

    CEI does what Jefferson hoped forwe thwart the

    waste of peoples labors and in doing so, we uphold

    the freedom to prosper, aspiring to a future of longer

    lives and cleaner air instead of major disease. A future

    of sunset walks with loved ones instead of holding

    down two jobs to pay their taxes. That is a pretty good

    narrative. And it is ournarrative.

    In the 1980s, RonaldReagan said Its morning in

    America. Under President

    Obama, its midnightor rather, its a perpetual

    midnight regulation.

    WWW.CEI.ORG

    CEI THECOMPETITIVEENTERPRISEINSTITUTE

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    of laws on how your businesses deal with

    the environment. But things changed

    dramatically simply by executive at, by

    regulatory change, by regulatory law. So itdoes make a difference whois in charge of

    the EPA.

    There is a question whether you can get

    a fair shake from a government employee.

    Is it a rogue government employee that

    went after the Tea Party or went after

    people for religious reasons or

    went after Gibson Guitar?

    Remember the case of Gibson

    Guitar? It turns out Fender Guitar

    brings in the same kind of wood,

    but they give to Democrats and

    Gibson gave to Republicans.

    Guess who got prosecuted? It

    turns out they really were not

    prosecuted for anything that had

    to do with whether or not the

    wood was endangered or not.

    They wanted the wood to be

    processed by labor in India. It was simply a

    labor protection racket for India.

    But the most insulting thing about the

    Lacey Act, if you have not heard of it, is

    that it is making U.S. businesses subject

    to foreign laws and foreign regulations.We put an American citizen in jail for 10

    years for bringing in some crabs from the

    Gulf of Mexico off the coast of Honduras

    and they said he broke a Honduran shing

    regulation. He brought them in in Ziploc

    baggies instead of cardboard. And that

    earned him 10 years in prison.

    We have a man down in the southern

    part of Mississippi. He is in jail for 10

    years. His partner is 80 and he has got a

    10-year sentence. Their crime? Putting

    clean dirt on dry land. He is accused of a

    wetlands violation. But to give him moretime, they said he was a conspirator. He

    was the Al Capone of putting clean dirt on

    dry land. They included his daughter. She

    is a nurse and sold lots part time for his

    real estate company. She got 84 months in

    prison without parole. She has a two-year-

    old child. She never had a trafc ticket.

    Your government has run amok whenyoure putting people in jail for regulatory

    crimes and it has got to end.

    It is not going to be enough for me or

    anyone else to convince the business class.

    The business class, God love you, you are

    entrepreneurs and you are the backbone

    of the country. But there are not enough

    of you. There will always be more of the

    working class. We need a message that

    resonates with everybody. We have to have

    a message of opportunity that resonates

    with those who work for you, which says

    that their chance to get into the middleclass or their childrens chances to become

    one of you exists for them.

    It has to resonate to even those who are

    on unemployment insurance, those who

    are in need and not doing well. I have had

    family members who are down on their

    luck and have taken government assistance.

    We have to convey the message you are

    not a bad person because you have taken

    government assistance. We need to give

    them a message of hope that they can join

    the rest of us in the middle class and the

    successful class and the business class.

    We need to have this optimism. It needs

    to appeal to people of all races. When

    we look like Americawhen we have

    people with tattoos, without tattoos; with

    ponytails, without ponytailswhen we

    look like the rest of America, we will be a

    national party again.We need to attract African Americans t

    our movement. I think ideas of justice wil

    do that. African Americans can remember

    a time when there was no justice for them

    when things were incredibly unfair, when

    the law was unfair and the law was biased

    When we talk about issues like

    indenite detention, which is

    supposed to be for terrorists but

    could be applied to American

    citizens, that appeals to that

    sense of justice.

    When we talk about our

    drug laws that are imprisoning

    African Americans at four

    to six times the rate of white

    Americans. When we give

    government grants to police

    departments and say, Base it on

    your arrest record, it does not take them

    long to gure out they can arrest more kid

    in the poor neighborhood than they can in

    the rich neighborhoodand they can get

    convictions because the poor kids do not

    have attorneys and do not have any moneyWhen we talk about these ideas and

    issues of justice, we will get more people

    coming to us. When we talk about the idea

    of privacy. You want your business to be

    left alone. Young adults do not have any

    money, but they want their Internet to be

    left alone. They want their email to be left

    alone. Its all the same thing. When we can

    bundle all that up in a message of freedom

    we will win again.

    Sen. Rand Paul (R-Ky.) delivered

    the keynote address at the 2013 CEIAnnual Dinner and Gala on June 20 in

    Washington, D.C. This article is adapted

    from those remarks.

    Message, continued from page 1

    Te business class, God love you, youare entrepreneurs and you are the

    backbone of the country. But there arenot enough of you. Tere will always

    be more of the working class.

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    BY JOHN BERLAU AND KYLE TASSINARI

    Heres some good nancial news formillions of Americans: The provisionin Dodd-Frank that imposed a three-year

    moratorium on banks afliated with

    nonnancial businesses expired on July 22.

    Now, if Congress simply does nothing and

    regulators apply the law fairly, Walmartcould begin offering affordable credit,

    savings accounts, and CDs to consumers.

    So could Home Depot and Berkshire

    Hathaway, both of which applied for a

    charter to offer banking services before

    Dodd-Frank took effect.

    Opponentsincluding established

    banks big and smallwill no doubt scream

    about the risks of allowing nonnancial

    rms to enter the banking world. In the

    mid-2000s, Federal Reserve Chairman

    Ben Bernanke and his predecessor

    Alan Greenspan might have brushed off

    concerns about subprime mortgages, but

    they warned about the supposed dangers of

    breaching the separation of banking and

    commerce. Yet most other countries have

    no such separation.

    When Dodd-Frank was enacted in 2010,

    the United States joined just three other

    countriesthe economic powerhouses of

    Fiji, Guernsey, and the Isle of Manas the

    only jurisdictions prohibiting new charters

    for banking afliates of commercial rms,

    according to a 2011 Milken Institute study.Yet successful banks owned by

    nonnancial rms exist all over the

    world. While Walmart was barred from

    nancial services in America, it operated

    a full-service bank in Mexico and a bank

    that issues credit cards in Canada. The

    Loblaws supermarket chain has a banking

    unit, Presidents Choice Financial, which

    earned J.D. Power and Associates highest

    customer satisfaction rating from 2007 to

    2011 among Canadian midsize banks.

    Perhaps the most successful example

    of a bank afliated with a commercial

    enterprise is the banking division of

    Tesco, the British grocery and general

    merchandise retail chain. In 1997, Tesco

    entered a joint venture with Royal Bank

    of Scotland to create Tesco Personal

    Finance. In 2008, when RBS was hit hard

    by the nancial crisis, Tesco bought out its

    partners stake and became sole owner of

    the renamed Tesco Bank.

    Tesco Bank currently has more than

    5.57 billion ($8.6 billion) in outstanding

    mortgages, personal loans and credit card

    debt to British residents. In addition, 12.5

    percent of credit card transactions in the

    United Kingdom are charged on Tesco

    cards and one pound out of every eight

    withdrawn from a cash machine comes

    from a Tesco ATM, according to The

    Daily Telegraph. Tesco Bank also offersinsurance to more than 1.5 million home

    and auto policy holders.

    In 2009, Alistair Darling, then

    chancellor for the exchequer in Gordon

    Browns Labour Government, praised

    Tescos initiatives and made the case

    for new types of banks. We need more

    competition in the banking sector, Darling

    said. It is therefore very important that we

    do everything we can to encourage new

    entrants into this sector.

    More banking competition serves

    another important interest. In order forlarge rms to fail in any industry without

    signicant disruption elsewhere, there

    must be new and competing rms ready to

    supply the product or service.

    By the time Borders and Blockbuster

    went bust, Amazon and Netix had grown

    large enough to sell books and DVDs to a

    large national customer base. By contrast,

    if a megabank fails, there is a very real

    possibility that the supply of credit and

    nancial services will be constrained. That

    concern

    can be

    eased greatly

    if large commercial

    businesses could create banking units.

    Internationally and in the U.S.where

    about 15 such grandfathered banks exist

    the safety and soundness of banks owned

    by commercial rms exceeds that of the

    banking sector as a whole. According to

    the Milken Institute, U.S. industrial loan

    companies, the most common classicatio

    for such banking entities, in the aggregathave a signicantly higher ratio of capital

    to assets (16.7 percent) than the banking

    industry as a whole (11.3 percent).

    Industrial loan companies owned by

    nonnancial rms also have the lowest

    percentage of troubled assets of all banks

    (2.35 percent).

    The banking subsidiaries of Target,

    Harley-Davidson, and Toyota are example

    of such companies that have been in

    existence for decades and extend credit

    mostly to their own customers. For safety,

    convenience, and price, the U.S. needs

    to join the rest of the world and allow

    nonnancial companies to own and operat

    banks.

    John Berlau ([email protected])is a Senior

    Fellow at CEIs Center for Economic

    Freedom. Kyle Tassinari (ktassinari@cei.

    org)is a Research Fellow at CEI. A versio

    of this article originally appeared in The

    Wall Street Journal.

    InPraiseofBanking

    atBig-BoxStores

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    BY MATTHEW MELCHIORRE

    Frances Austerity Drive Pushes Countryinto Recession. How Austerity HasFailed. Thus proclaim two recent, typical

    headlines on how European governments

    are trying to tackle the economic crisis. But

    such claims rely on two myths based onfaulty analysis.

    The rst myth about austerity is that it

    has been enacted throughout Europe. The

    second is that it has led to economic ruin.

    Americans ought to be wary of politicians

    and pundits who hold up the pains of

    Europe to argue against scal responsibility

    at home.

    Several studies have attempted to show

    that European countries have made real

    cuts to their public sectors, using spending

    and revenue data. But cuts since when?

    Analyses to date have relied on selection ofa base yearusually 2007 or 2008from

    which to measure changes in government

    spending and revenue.

    The problem is that not every European

    country began implementing austerity at

    the same time. Therefore, analyzing all

    European countries from the same starting

    date captures budget changes in some

    countries that occurred before austerity

    programs began.

    In a recent Competitive Enterprise

    Institute report, The True Story of

    European Austerity: Cutting Taxes and

    Spending Leads to Renewed Growth, I

    address this common analytical aw by

    measuring spending and revenue changes

    from the time each country began its

    austerity program. The results stand in stark

    contrast to the conventional wisdom.

    Only four European countries

    Bulgaria, Ireland, Latvia, and Lithuania

    have actually decreased both spending

    and revenue as a share of GDP since

    announcing the implementation of their

    respective austerity programs. This is real

    austerity, as cutbacks are shared between

    the public and private sectors.

    Meanwhile, nine countries pursued

    the exact opposite policy, increasing both

    spending and their tax burdens. This is

    no austerity in any reasonable sense ofthe term, as businesses and individuals

    already hemorrhaging from the recession

    face increased taxation from a government

    engorging itself at their expense.

    The economic results of these two

    groups of countries are very different.

    The rst group, which carried out real

    austerity, maintained an average annual

    GDP growth rate of 2.65 percent in the

    six years following budget consolidation,

    according to my calculations using Eurostat

    and International Monetary Fund data. The

    second group, the austerians-in-name-

    only, achieved an average growth rate of

    only 1.46 percent.

    Moreover, various European countries

    enacted different combinations of spending

    and tax burden changes. The only group

    that achieved an average growth rate

    of more than 2 percentthe standard

    for healthy economic growthis the

    aforementioned one whose members cut

    both taxes and expenditures.

    The bottom line: Shrinking

    governments economic footprint leavesbusinesses and entrepreneurs less

    encumbered to create wealth.

    With U.S. federal expenditures and

    taxes set to increase over the next several

    years, according to the presidents budget,

    American policy makers should learn from

    Europes experience. The U.S. doesnt

    have an unlimited amount of time to x its

    economic problems, as the share of federal

    revenues taken up by interest payments on

    the federal debt now approximates those

    Italy and Spain.

    Washington continues to increase our

    debt load through increasing levels of

    federal outlays and encouraging private

    debt-fueled consumption with low interes

    rates. These debt-driving policies are the

    only ones to have had a net positive impaon GDP since 2007, according to my

    analysis of Bureau of Economic Analysis

    data.

    By contrast, gross domestic investmen

    has endured a total net loss of 11 percent

    from its 2007 level. As debt-nanced

    consumption papers over our anemic

    economic situation, politicians claim

    that conditions are improving. Its time

    for Washington to end this charade and

    make real cuts. Greater savings would

    then nance productive investment and

    government would be eating up fewer

    economic resources.

    The howls of protest from both the lef

    and right over the sequesterwhich cuts

    a mere 2 percent from a projected $2.54

    trillion federal spending increase over the

    next decade, according to Veronique de

    Rugy of the Mercatus Center at George

    Mason Universityonly shows how far w

    still need to go.

    In his 2013 State of the Union address

    President Barack Obama declared, We

    cant just cut our way to prosperity.Perhaps he should pay closer attention to

    the success of a handful of our European

    friends, as they shout back a familiar

    refrain: Yes, we can!

    Matthew Melchiorre (mmelchiorre@cei.

    org)is the Warren T. Brookes Journalism

    Fellow at CEI. A version of this article

    originally appeared in U.S. News and

    World Report.

    Beware the Myth of

    European Austerity

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    EPA Growth Knows No LimitsEPA Growth Knows No LimitsBY WILLIAM YEATMAN AND TODD WYNN

    In mid-July, President Obama rolled outa climate plan t for a king. In a speechat Georgetown University, the president

    declared that since Congress wont enact

    climate policies, he will just impose

    themmuch as a king would.

    Simply put, the president is using

    congressional inaction as a pretext to launch

    a climate policy power grab, and that is

    very troubling. Alas, it is only the latest

    development in a worrying accumulation

    of authority at the U.S. Environmental

    Protection Agency. A new American

    Legislative Exchange Council report, The

    U.S. Environmental Protection Agencys

    Assault on State Sovereignty, reveals

    that the agency has been systematically

    centralizing environmental protection by

    seizing rightful control from the states and

    replacing local community input with

    extremist environmental activists.

    Under both the Clean Air Act and Clean

    Water Act, the EPA has the authority to

    disapprove a states strategy to meet

    national environmental standards. A

    regulatory disapproval is no small matter,

    as state ofcials spend countless hours and

    taxpayer resources crafting plans to comply

    with newly nalized EPA regulations.

    When the EPA issues a regulatory

    disapproval, the agency effectively throws

    all of this work out the window.

    Since President Obama took ofce,the number of regulatory disapprovals

    has skyrocketed. The EPA issued 44

    disapprovals during President Clintons

    second term, 42 during President George

    W. Bushs rst term, and 12 during Bushs

    second term. During President Obamas

    rst term, the EPA issued an unprecedented

    95 disapprovalsa greater than 190

    percent increase from the average number

    of disapprovals during the previous three

    four-year presidential terms.

    Even more alarming is the increasing

    number of EPA takeovers of stateregulatory programs. The EPAs most

    aggressive action is known as a federal

    implementation plan (FIP), which

    entails complete federal usurpation of a

    states regulatory authority. From 1997

    through 2009, the EPA imposed only

    two FIPs. Since Obamas rst

    inauguration in 2009, the

    agency has imposed 19 FIPsa

    2,750 percent increase from

    the average number during each

    of the previous three four-year

    presidential terms.These two trends illustrate a

    frightening picture of the growth of

    the EPAs authority during Obamas

    tenure in ofce. Centralizing environmental

    protection essentially imposes on states

    a one-size-ts-all approach that

    does not take into account each

    states unique circumstances and

    the effect their residents.

    Just as scary, the EPA is

    replacing the input of American citizens

    and state regulatory ofcials with that of

    environmental activist groups through

    what are known as sue and settle

    agreements. Heres how it works: An

    environmental litigation organization like

    the Sierra Club sues the EPA for failing

    to meet a deadline for regulatory action.

    Instead of challenging the suit, the agency

    and the plaintiffs immediately enter into

    a friendly settlement that determines a

    deadline. By dictating how the EPA should

    roll out environmental regulations, these

    settlements effectively render ofcial

    policy without any input from electedofcials at both the federal and state level

    The three presidential terms prior

    to President Obama saw a total of 30

    sue and settle agreements, compared to

    48 during Obamas rst terma 380

    percent increase over the annual average

    during the previous three four-year

    presidential terms. These agreements

    embody regulation without representation

    They are emblematic of a rogue federal

    agency with little accountability (which

    should be unsurprising, given the Obama

    administrations recent IRS, JusticeDepartment, and National Security Agenc

    scandals).

    This federal power grab could have

    severe consequences. Individual liberties,

    political speech, and privacy are all at

    stake. The EPAs regulatory assault would

    impose billionsperhaps even trillions

    in direct costs, as well as undermine

    states rightful authority in environmental

    regulation and policy making. It is all

    part of the Obama administrations

    established pattern of shifting rights away

    from individuals and states to unelectedregulators and unaccountable bureaucrats

    in Washington, D.C.

    William Yeatman ([email protected])

    is Assistant Director of CEIs Center for

    Energy and Environment. Todd Wynn is

    Director of the Energy, Environment, and

    Agriculture Task Force at the American

    Legislative Exchange Council. A version

    of this article originally appeared in The

    American Spectator.

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    BY DEIRDRE N. MCCLOSKEY

    Ive been an economist and historian,English professor, and philosopher for along time. I have been so thrilled to nd in

    my older years a project that inames me,

    that excites metrying to answer what I

    regard as the main question of the social

    sciences, which is, Why are we so rich?

    I look around this room and I dont see

    any descendants of the crowned heads of

    Europe or Africa or Asia. Maybe there aresome, but there are not too many. Most

    of us are descended from very, very poor

    people. And here we are at the CEI Dinner.

    What has astonished me is the answer

    I have discovered. Now, the problem is, I

    am a little worried because I am delighted

    at the answerbecause the answer is that

    we are rich because we are free. And were

    rich because we honor each other, because

    we value each other.

    It turns out that the bulkI think the

    overwhelming bulkof the historical

    and economic evidence is that the engine

    of economic growth is not investment or

    exploitation or empire or even the current

    fashion at the World Bank of institutions

    it is ethics. It is believing in ourselves and

    honoring ethical behavior in each other,

    and having what I call in my books dignity

    and liberty.

    Its a special pleasure to get this

    marvelous award from an institution that

    believes above all in human dignity and

    liberty.

    Thank you very much.

    Deirdre N. McCloskey, the Distinguished

    Professor of Economics, History, English,

    and Communication at the University of

    Illinois at Chicago, is CEIs 2013 Julian L.

    Simon Memorial Awardee. This article was

    adapted from remarks she delivered at the

    2013 CEI Annual Dinner and Gala on June

    20 in Washington, D.C.

    Ethics and Liberty:Engines of Economic Growth

    About the

    Julian L. Simon

    Memorial Award

    In 2001, CEI establishedan award in honor of the

    late free market economist,

    Julian L. Simon, whose classic1981 work, The UltimateResource, debunks the

    alarmist predictions of eco-doomsayers like Paul Ehrlich.In 1980, Simon and Ehrlich

    famously entered into a wagerregarding resource scarcity.They selected fve metalscopper, chromium, nickel,

    tin, and tungstenwith Simonbetting their prices would

    decrease over a decade andEhrlich betting they wouldincrease. Ehrlich lost the bet.

    The award is traditionallypresented at CEIs annualdinner. Stephen Moore, amember of The Wall StreetJournals editorial boardand former research fellowwith Dr. Simon, was the frst

    recipient of the Julian L. SimonMemorial Award.

    CEI President Lawson Bader (left) and CEI Founder and Chairman Fred Smithpresent the Julian L. Simon Memorial Award to Deirdre McCloskey, Distin-guished Professor of Economics, History, English, and Communication at the

    University of Illinois at Chicago

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    The Competitive Enterprise Institute held itsAnnual Dinner and Gala blocks from theWhite House in Washington D.C., on June 20,

    2013. This years theme was James Bond. The

    nights featured keynote speaker was Sen. Rand

    Paul (R-Ky.)

    Elected in 2010, Sen. Paul has proven to

    be an outspoken champion for constitutional

    liberties and scal responsibility and a

    warrior against government overreach. His

    legislative proposals include plans to cut $500

    billion in federal spending and to balance the

    federal budget in just ve years. He has sinceintroduced similar bills with growing support. In

    2013, Timemagazine named Sen. Paul as one of

    the 100 most inuential people in the world.

    Deirdre N. McCloskey, the Distinguished

    Professor of Economics, History, English, and

    Communication at the University of Illinois

    at Chicago, was awarded the Julian L. Simon

    Memorial Award. Prof. McCloskey argues in

    her books The Bourgeois Virtues, Bourgeois

    Dignity, and the forthcoming nal volume in

    her trilogy that the economic growth of the past

    200 years can largely be explained by attitudinal

    shiftsethics that respect human freedom.Kristina Kendall, Executive Producer of

    STOSSELand John Stossels documentary

    hours for Fox News, served as the Master of

    Ceremonies.

    STOSSEL Executive ProducerKristina Kendall, who served asMaster of Ceremonies at the 2013CEI Annual Dinner

    Left to right: Stamford University AssistantProfessor of Economics Art Carden, ReasonFoundation President David Nott, New York Timescontributor John Tierney, and Luke Tierney

    Left to right: John Chisholm of John ChisholmVentures, Cato Institute President John Allison,and Cato Institute Vice President for DevelopmentLesley Albanese

    CEI President Lawson Bader welcand addresses the audience at the2013 CEI Annual Dinner

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    KEYNOTE SPEAKER

    SENATOR RAND PAUL

    Donald G. Smith (left) and Myron Ebell, Directorof CEIs Center for Energy and Environment

    Rep. Justin Amash (R-Mich.) (left) andFoundation for Government AccountabilityDirector of Development Chad Goote

    Patomak Global Partners CEO Paul Atkins (left)and TBP Solutions LLC President and CEI BoardMember Tom Haynes

    ReasonEditor in Chief Matt Welch (left) and 98.7FM Music in the Morning host and Reason.tvcorrespondent Kennedy

    Judd Weiss (left) and Walter Williams,John M. Olin Distinguished Professor ofEconomics at George Mason University

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    THE BAD

    EPA Continues to EvadeDisclosure of Gina

    McCarthys Text and

    Training RecordsOn July 15, CEI led suit infederal court to force theEnvironmental ProtectionAgency to turn over phonebills for the EPA mobile deviceissued to Gina McCarthy, atop EPA ofcial and PresidentObamas nominee to serve asthe agencys next administrator.Obamas EPA is waving redags all over the place, said

    CEI Senior Fellow ChristopherC. Horner. Ultimately, we willlearn if EPAs problems withnon-ofcial email accounts andaccounts not identifying theaccount holder extend to theiruse of private accounts fortexting or even destroying thisalternative to email, as it seems.Resolving the questions intodays suit and about her useof a personal account should benecessary conditions to moving

    forward on her nomination. Thisalso would do much to addressthe growing impression GinaMcCarthy has something to hideand that EPA is going to greatlengths to help her hide it.

    THE GOOD

    SEC Permits Free Speechfor Hedge Funds,

    Venture Capitalists

    On July 10, the Securities andExchange Commission nallylifted its ban on advertisingand communications forhedge funds, private equitygroups, and the venturecapital community. Thisregulatory action occurred ayear and three months afterthe Jumpstart Our BusinessStartups (JOBS) Act wassigned into law, requiring

    the rule change. CEI SeniorFellow John Berlau applaudedthe decision, noting, Liftingthese archaic rules will bea victory for entrepreneurs,all types of investors, and,most importantly, theFirst Amendment. Berlaucalled the repealed rulespaternalistic and anti-egalitarian, as they restrictednon-wealthy investors fromobtaining basic information

    about how a number ofinvestment vehicles work.

    THE UGLY

    House Votes toPermanently ExtendTaxpayer Fleecing in

    Farm BillOn July 11, the House ofRepresentatives approved the2013 Farm Bill on a mostlypartisan vote of 216-208.No Democrats voted forthe legislation, and only 12Republicans voted against it.Moreover, the legislation, H.R.2642, was rammed throughthe Republican-controlledHouse under a closed rule

    allowing no amendments. Thelegislation greatly expandsthe crop insurance subsidyprogram, which heavilysubsidizes farmers premiumsand insurance companiesadministrative costswith nomeans tests. The bill also leavesin place the sugar program,which is a central planningscheme that allocates domesticsupply, restricts imports, andsets prices substantially higher

    than the world price.

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    MediaMENTIONSCompiled by Nicole Ciandella

    Senior Fellow Gregory Conkowarns

    against state initiatives to track

    pharmaceuticals:Over the past several years,

    pharmaceutical makers have been working

    with distributors and pharmacies to develop

    methods that make it easier to spot and

    eliminate tainted and counterfeit products.

    Together, they have developed technologies

    ranging from tamper-proof packaging and

    unique identication codes to authentication

    tools such as holograms and color-shifting

    printing, all of which help protect the

    integrity of the medicines we buy.

    Unfortunately, state legislators and

    regulators have begun to implement amaze of inexible, expensive, and often

    conicting traceability and pedigree

    rules that threaten to short-circuit

    these innovations and jeopardize the

    effectiveness of industry-wide quality

    control programs.

    Currently, 11 states have enacted special

    track and trace legislation, and 18 others

    have adopted their own regulatory standards,

    with little uniformity. And those state-by-

    state compliance costs are astronomical.

    California, for example, has adopted a rule

    that will require all drugs to be serializedand electronically tracked by 2017. The

    pharmaceutical industry is projected to

    shell out up to $3.5 billion to meet new

    requirements in the Golden State alone.

    June 3, The Hill

    Vice President Iain Murrayurges

    Americans to learn from Europe on

    wind power:

    When Germany decided to close

    down its nuclear power stations after

    the Fukushima disaster in Japan, the

    original plan was to replace most of the

    lost generating capacity with wind power.

    However, wind power is expensive, and

    the growing size of the industry has meant

    that subsidiesand energy billshave

    surged. The German subsidy is paid for by

    a surcharge on household electricity bills.

    The growth in wind power meant that in

    January the surcharge increased to over 5

    cents (euro) per kilowatt hour, representing

    14 percent of all electricity bills.

    In Germany,

    Chancellor Angela

    Merkel, realizingthat wind power

    is economically

    unsustainable, has

    proposed capping the

    subsidy until the end

    of 2014 and capping

    further rises to 2.5 percent, with the

    probability of further signicant reform

    after the federal elections this year. Its

    a similar story in Spain, where subsidies

    have been cut so much that the chairman

    of the countrys Association of Renewable

    Energy Producers said recently: Spainsgovernment is trying to smash the

    renewable energy sector through legislative

    modications.

    -June 13, USA Today

    Senior Fellow Matt Pattersonand

    Research Associate Julia Tavlasargue

    the United Auto Workers union has had

    a disastrous effect on Detroit and could

    have the same effect on Chattanooga:

    Not coincidently, the torturous decades

    of Detroits decline coincided with the

    entrenchment of UAW power. Indeed,for years the UAW pushed for contracts

    giving generous benets to its members,

    driving up automakers costs to the point of

    unsustainability.

    A union in a company acts very much

    like a virus in a body; even if the virus

    itself is not fatal, it can leave its host body

    weakened and drained of the resources it

    needs to survive. In the 1980s and 1990s,

    when foreign-owned companies like

    Toyota were entering the U.S. market in

    large numbers, UAW contracts bound and

    gagged the Big Three Detroit automakers

    with costs and regulations that fatally

    restricted their ability to innovate and

    compete, just as they had done with

    Packard against the Big Three in the

    1950s. Now, having long ago devoured

    Detroit and its car industry, the still

    ravenous union is forced to look South for

    its next meal.

    City ofcials need no crystal ball to

    see Chattanoogas future if the UAW gets

    ahold of its VW operation. They need

    look no further than the crumbling,

    broken walls of Detroit, Michigan,

    and the abandoned Packard plant that

    serves as its burnt and hollow heart.

    -June 23, The Chattanoog

    Times Free Pres

    Founder and Chairman Fred L.

    Smith, Jr.defends the Scrooges

    of society with a story about his

    childhood in Louisiana:

    My Daddy was the lockmaster

    at Lock #1 on the Pearl River Corps of

    Engineers system, which brought him into

    contact with many of the locals. When

    my mother died, women from throughout

    the community brought us hot dishes and

    provided solace.

    The comfort of community had adownside, however. Adam Smiths

    admonition that, It is not from the

    benevolence of the butcher, the brewer, or

    the baker that we expect our dinner, but

    from their regard to their own interest

    seems not to have gained many adherents

    in Sixth Ward, whose egalitarian and

    communitarian values made it hard for

    entrepreneurs to ourish and contribute to

    economic growth.

    Every so often, a talented and

    enterprising individual would launch a new

    business, such as a sawmill, gravel pit, or

    butcher shop. Sometimes these endeavors

    would ourish, and the impoverished Sixt

    Ward (where many still lacked electricity

    and running water) would become a

    little less poor. But in this closely knit

    community, success placed cultural

    demands on the entrepreneur. He would b

    expected to make place in his business for

    an out-of-luck Uncle Bill or Aunt Sally.

    Often, that entrepreneur would give

    in to such cultural pressures and add

    these individuals to his payroll and theoperations efciency would decline,

    often leading to its collapse. And with tha

    collapse, the additional wealth that the

    entrepreneur had created would disappear

    leaving the Sixth Ward a bit poorer and a

    little less prone to other entrepreneurial

    ventures.

    -July 17,Forbe

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    Million-Dollar Bus Stop Breaks

    Arlington, Virginia, recently

    caused a national stir when it built a $1

    million bus stop. The prototype super

    stop was intended to be a model for

    future stops along Columbia Pike. The

    road has been a target for multiple

    redevelopment efforts, including a

    possible modern streetcar, which the

    super stops would serve. The super

    stop has a heated concrete oor, but it

    is only partially enclosed, so it doesntshelter riders from wind. Riders also

    quickly found out that its rakishly

    angled roof doesnt keep rain out.

    And in mid-July, the video screen that displays bus arrival times

    stopped working, as a heat wave proved too much for it. Ofcials

    said it would take approximately two weeks for a new cooling fan

    to arrive. Until it is repaired, the super stop stands as an expensive

    monument to gold-plated government waste.

    Federal Agency Demands Michigan Disaster Plan

    Marty Hahne is a magician in Missouri. He has been putting on

    magic shows for kids for almost 30 years as Marty the Magician.

    Back in 2005, he got in trouble with federal bureaucrats. Turns outhe was using an unlicensed rabbit for his grand nale of pulling a

    rabbit out of a hat. Hahne quickly found out that the Department of

    Agricultures (USDA) regulations for magicians rabbits, in force

    since 1966, are both strict and extensive. Eight years later, the

    agency is still harassing him. Now, under new regulations, animal

    exhibitors such as Hahne are required to le written disaster

    plans to the Department of Agriculture covering at least 21 types

    of disaster, from broken air conditioners to hurricanes. Hahnes

    disaster plan for Casey is 28 pages long, and is considered short

    for its genre. Luckily for Hahne, an attorney was kind enough to

    draft it for him pro bono. The USDA is now revisiting the rule.

    MSNBC Host: Small Government

    Bankrupted Detroit

    MSNBC host Melissa Harris-Perry

    made waves following Detroits public

    bankruptcy, claiming with a straight

    face, This is what it looks like when

    government is small enough to drown in

    your bathtub, and it is not a pretty picture.

    Contrary to Ms. Harris-Perrys narrative,

    it is quite clear that Detroits corrupt and

    irresponsible government bankrupted the

    city. Of its $18 billion debt, $9.2 billionis from unfunded pension and health care

    obligations for city retirees. Residential

    property taxes are the highest in the nation

    income taxes are the highest in Michigan, and the city imposes a

    living wage of $11.03 and myriad business licensing regulation

    that drive a full tenth of businesses into the black market. Even

    with an imagination as creative as Ms. Harris-Perrys, it would be

    hard to describe any of these measures as consistent with small

    government.

    USDA Spends $20 Million to Not Inspect Catfsh

    A little known provision in the 2008 Farm Bill created a catsh

    inspection ofce within the Department of Agriculture. Traditionallythe department had authority to inspect meat and poultry, while

    seafood and other products were inspected by the Food and Drug

    Administration. In addition, the Department of Commerce has its ow

    inspection program. Since 2008, the USDA has spent $20 million

    setting up the catsh inspection ofce and expects to spend $14

    million annually. Yet it has yet to inspect a single catsh. Members

    of Congress in both parties have called for the closure of the USDAs

    duplicative service. But why was it created in the rst place? In turns

    out many domestic catsh producers do not like foreign competition

    But this proved too much for the industrys National Fisheries

    Institute, which has criticized the program as a non-tariff trade barrie

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